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375. Replacing the 69-year-old virgin

By Joel Jacobsen

The problem with finding a replacement for Justice Souter is that it matters so much. If only our Supreme Court justices were judges! In one of the more sanctimonious pieces of nonsense to come out of the Supreme Court in recent years, Justice Ginsburg once wrote: Unlike their counterparts in the political branches, judges are expected to refrain from catering to particular constituencies or committing themselves on controversial issues in advance of adversarial presentation. Their mission is to decide "individual cases and controversies" on individual records, neutrally applying legal principles, and, when necessary, "stand[ing] up to what is generally supreme in a democracy: the popular will." In Justice Ginsburg's defense, she didn't believe a word of that...continue to full post

Full post as published by Judging Crimes on May 17, 2009 (boomark / email).